Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the threshold issue of abandonment and what is the test for establishing that a spouse has abandoned the marriage?
"New York", United States of America
What is the burden of proving that a showup procedure is unduly suggestive and subject to suppression?
"New York", United States of America
How have courts considered the impact of a defendant's participation in the immunization program?
California, United States of America
What is the burden of proof under Proposition 47 of the California Criminal Code?
California, United States of America
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault?
California, United States of America
Is there any case law where a defendant has been charged with a criminal offence under the Mental Health Act?
California, United States of America
What is the current state of the law on sexual assault cautionary instructions?
California, United States of America
Does an appellate court have to substitute a different view of evidence from the trial judge?
British Columbia, Canada
What is the legal test for a pro se litigant seeking to amend or amend their complaint?
MultiRegion, United States of America
What is the legal test for granting probation to a convicted criminal?
California, United States of America
What is the test for limiting standing in a personal injury action?
Ontario, Canada
Can a lawyer be removed from practice if there is no solicitor-client relationship?
Ontario, Canada
What is the test for renewing a writ of summons?
Saskatchewan, Canada
What is the test for restricting the words in the exclusionary clause in a contract?
New Brunswick, Canada
Does a motion to renew and reargue an oral decision in a criminal matter need to start from the time it was issued?
"New York", United States of America
What is the test for establishing a tort of negligent representation?
Ontario, Canada
What is the burden of proving that counsel deficient performance was reasonable under prevailing professional norms?
California, United States of America
What is the legal test for an inquiry into possible police trickery?
Manitoba, Canada
What is the range of damages for non-pecuniary damages in a personal injury action?
British Columbia, Canada
How have courts treated a motion to reduce a convicted rapist's strike status?
California, United States of America
Does submitting a petition of personal jurisdiction to a court confer jurisdiction over the subject matter?
California, United States of America
Is a shed exempt from the building permit requirements?
British Columbia, Canada
What rights does a prisoner have to freedom of speech?
MultiRegion, United States of America
What is the test for providing evidence to support an application to add parties?
British Columbia, Canada
Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights?
MultiRegion, United States of America
What is the test for admitting opinions on guilt or innocence by a lay witness?
California, United States of America
What is the test for ineffective representation in a civil case?
California, United States of America
Does a defendant who fails to contest a booking fee when the court imposes it forfeits the right to challenge it on appeal?
California, United States of America
Does plaintiff have the right to seek injunctive relief to improve medical care for all inmates?
MultiRegion, United States of America
What is the current state of the law on murder?
California, United States of America
What is the effect of a police officer's contact with a minor?
California, United States of America
Does a buyer need to be able to negotiate a settlement that includes a broad waiver of rights?
California, United States of America
What is the test for a finding that a statement is voluntary?
Saskatchewan, Canada
What is the statute of limitations for childhood sexual abuse claims?
California, United States of America
Can a plaintiff bring a claim for loss of appreciation of property?
British Columbia, Canada
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity?
MultiRegion, United States of America
What is the impact of tax on a lump sum award for future care?
Alberta, Canada
What is the test for determining whether prejudice was prejudice against a defendant in a civil case?
California, United States of America
Does failure to exhaust administrative remedies mean that a petition was improperly filed?
MultiRegion, United States of America
Can a municipal counsellor who is alleged to have executed documents after destroying the documents?
Alberta, Canada
What is the standard of review for a motion seeking to overturn a finding of unlawful imprisonment?
California, United States of America
Does the California Highway Traffic Safety Act exempt an employer from liability for negligence attributable to the driver's failure to comply with specified statutory provisions?
California, United States of America
What is the test for relevance analysis in a medical malpractice case?
California, United States of America
Can an attorney be held liable for negligence in the discharge of his duty?
Nova Scotia, Canada
Can someone who has been granted rights by a co-owner of a copyright have a valid defense in a copyright action brought by a third party?
MultiRegion, United States of America
How can an arbitrator be found to have made an error in a decision?
California, United States of America
What is the speed of a truck driver's vehicle at the time of the collision?
Saskatchewan, Canada
What is the test for discovery of personal information in civil litigation?
California, United States of America
What are some cases where the Supreme Court has ruled in favour of a motion requiring that a motion by a federal district judge be heard?
MultiRegion, United States of America
What is the limitation period for a plaintiff to sue the lessee of a financed lease?
Nova Scotia, Canada
Does a judge have to conduct a security inquiry into a juror's communications with the jury?
MultiRegion, United States of America
Does the Attorney General have the authority to request personal information on an individual's in-laws and other family members?
California, United States of America
What is the timetable for the hearing of a motion for cross examinations, cross examinations and factsums?
Ontario, Canada
What is the test for determining whether a claim against a defendant is valid?
California, United States of America
Can a wife amend her pleadings by including a claim for pre-judgment interest?
Saskatchewan, Canada
What is the standard of review in closing arguments in criminal cases?
MultiRegion, United States of America
Can a court order the reinstatement of a member of a voluntary association who was disciplined?
California, United States of America
Is knowledge of an alien's prior felony conviction an element of section 1327 of the Immigration Code?
MultiRegion, United States of America
How is loss of future income earning capacity calculated in the capital asset approach?
British Columbia, Canada
What is the effect of a personal attorney representing defendant on appeal?
California, United States of America
Can a motion to withdraw a plea of guilty be appealed without a certificate of probable cause?
California, United States of America
What is the authority on contributory negligence in motor vehicle accidents?
British Columbia, Canada
What is the test for ineffective assistance of counsel?
California, United States of America
Does the Attorney General have grounds to dismiss a motion to excuse a juror for misconduct?
California, United States of America
What is the current state of the law on the basis of probable cause?
California, United States of America
What is the test to apply in an application for directed verdict?
Alberta, Canada
What is the test for damages in a medical malpractice action?
British Columbia, Canada
Does the Court have jurisdiction to award attorney fees and costs based on the nature of the services provided and the time involved?
California, United States of America
Is a search conducted as an incident to arrest unlawful?
Saskatchewan, Canada
Does the substantial evidence standard apply when a new application is brought before the California Board of Review?
California, United States of America
Can a criminal defendant compel the discovery of evidence in a law enforcement officer's personnel file?
California, United States of America
Is a single, indivisible offer made to more than one plaintiff valid under section 998 of the California Civil Code?
California, United States of America
What is the scope of appellate review of an order made by the Superior Court of Appeal?
California, United States of America
In what circumstances will a landlord have to reserve rent for the use of furnishings for the purpose of renting out the furnishings to a tenant?
Alberta, Canada
What is the current state of the law on s. 46(1) of the Criminal Code in s.46(2) of Division 6?
British Columbia, Canada
Does Defendant have any grounds to argue that the jury instruction was legally deficient or biased?
California, United States of America
Does the United States have an obligation to surrender fugitives from justice to the other country?
Ontario, Canada
What is the effect of the rule against perpetuities when the parties have failed to raise the issue in the trial?
California, United States of America
What is the legal test for a Rule 6(e) violation that affects a grand jury's decision not to indict?
MultiRegion, United States of America
What are some examples of summary adjudication in personal injury cases?
California, United States of America
What is the obligation of a parent to contribute to their child's post-secondary education?
Manitoba, Canada
Is there any difference between the relationship between Everest and CIBC?
British Columbia, Canada
How can a party be rebutted against the presumption of indefeasible title?
British Columbia, Canada
What is the test for proving an error was not a contributory factor in the outcome of a jury trial?
California, United States of America
What is the test for "plain error review" in sentencing cases?
MultiRegion, United States of America
Can a defendant appeal against his conviction for a residential burglary?
California, United States of America
Can a party bring their whole case forward at once?
British Columbia, Canada
Is a trucking business subject to federal or provincial jurisdiction?
British Columbia, Canada
What constitutes confidential attorney-client information?
California, United States of America
Is the de minimis rule applied to state wage claims?
MultiRegion, United States of America
Is there any case law where a jury was instructed to convict a defendant of only two conspiracies rather than four?
California, United States of America
Does the doctrine of indirect compulsion apply where a plaintiff refuses to accept employment which conflicts with their religious beliefs?
MultiRegion, United States of America
Does Section 28(d) of the California Criminal Code apply in cases where the charged crime was committed after Proposition 8's effective date?
California, United States of America
What is the test for s. 15 Charter analysis?
Canada (Federal), Canada
Does a state have authority to impose criminal sanctions on employers who knowingly hire illegal aliens?
MultiRegion, United States of America
What is the test for timely assertion of a right?
California, United States of America
Is a temporary investigative detention reasonable under the Fourth Amendment?
California, United States of America
What is the test for unanimous verdict in a criminal case?
California, United States of America
How have the courts treated an evidentiary objection to each other's evidence?
California, United States of America
How have the courts in Newfoundland and other provinces dealt with the issue of child support for a deceased father and his two children?
British Columbia, Canada
Does a defence lawyer have to cross-examine a witness in cross-examination?
British Columbia, Canada
What is the test for a person to be convicted of being a member of a criminal street gang?
California, United States of America
What is the burden of showing an unreliable identification procedure?
California, United States of America
What is the burden of a party claiming credit?
California, United States of America
Does an applicant's degree in a related discipline have to be considered a bachelor's degree?
Canada (Federal), Canada
What is a warrant of eviction "issued"?
"New York", United States of America
What is the impact of soft tissue injury on the determination of a plaintiff who persisted in her work despite chronic pain?
British Columbia, Canada
Does a prosecutor have to prove the exact date and time of a drink-driving offence?
"New York", United States of America
What is the contingency in the valuation of a property?
Nova Scotia, Canada
What is the test for the right of a single person to cast their ballot at the same time as a second person?
MultiRegion, United States of America
What is the standard of justice required in medical malpractice cases?
Prince Edward Island, Canada
What is the test for a finding of guilt against a defendant in a sexual assault case?
California, United States of America
What is the test for granting qualified immunity from liability for civil damages in a civil case brought by a police officer who searched a vehicle during a search?
MultiRegion, United States of America
What is the test for a death sentence based on a multiple-murder special circumstance?
California, United States of America
What are the "basic tasks" of a jury member in a civil trial?
MultiRegion, United States of America
Is an arbitrator's exclusion of all parties from an arbitration hearing an error of law?
California, United States of America
Does a plaintiff have access to a collection of ancient scrolls that had been lost in a motor vehicle accident?
"New York", United States of America
What is the test for contempt of court for failing to enforce an injunction?
Manitoba, Canada
What is the test for believing or reasonable grounds in a civil case?
British Columbia, Canada
Is a motion for substantial indemnity costs appropriate?
Ontario, Canada
How has the good faith exception been interpreted in a search warrant application?
California, United States of America
What is the legal test for a motion to strike out for want of jurisdiction?
Canada (Federal), Canada
Does a probation officer's report need to be included in the record of a motion to appeal from the original judgment?
California, United States of America
Can an employer compel an employee to submit to binding arbitration?
California, United States of America
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence?
California, United States of America
First, is the known sound level of the unit considered to be a nuisance?
Manitoba, Canada
What is the test for establishing that a trial court has jurisdiction over material matters?
California, United States of America
What is the current state of the law at the BC's sexual assault tribunal?
British Columbia, Canada
In what circumstances will a motion for a new trial be denied on the grounds of juror misconduct?
California, United States of America
In what circumstances will a mediator be required to give evidence in a motion for rectification of a settlement agreement?
British Columbia, Canada
What is the role of the courts in determining whether or not legislation is constitutional?
British Columbia, Canada
Does the Court need to review the second prong of the habitual residence test?
"New York", United States of America
What is the legal test for an amended pleading?
MultiRegion, United States of America
What is the test for standing in a search and seizure?
MultiRegion, United States of America
What is the test for determining whether sufficient evidence supports a jury verdict?
California, United States of America
Is a child who has lived in a "horrific, crime-producing environment" entitled to be considered a child's victim?
California, United States of America
What is the test for determining that a child has understood the consequences of giving false testimony under oath?
"New York", United States of America
Is a plaintiff's claim for wrongful death cognizable on appeal?
California, United States of America
What is the test for determining whether an unintended crime was a natural and probable consequence of the common design?
California, United States of America
Can a municipality recover the fees awarded by a professional engineer for an opinion that the building was unsafe?
Ontario, Canada
What is the presumptive sentence for a defendant convicted of aggravated first degree murder?
MultiRegion, United States of America
What is the standard of review in a civil case where a judge has found that a plaintiff has been ordered to proceed pursuant to an invalid regulation?
California, United States of America
Is an owner entitled to attorney's fees in a personal injury action?
California, United States of America
What is the test for determining whether a plaintiff has a basis for liability in a motor vehicle accident?
MultiRegion, United States of America
What is the test for instructing a jury on the lesser included crime of attempted theft?
California, United States of America
What is the burden of disclosing confidential communications between a patient and a litigant?
California, United States of America
What is the test for wilful infliction of mental distress?
British Columbia, Canada
What is the test for intervention in the case of freedom of speech in the United States?
Alberta, Canada
What is the difference between several and joint liability in the abstract of judgment in a personal injury case?
California, United States of America
What is the standard of deliberate indifference by a prison officer in a medical malpractice case?
MultiRegion, United States of America
Does a traffic stop have more than one purpose?
Ontario, Canada
What is the difference between counts 1 and 2 in a sexual assault case?
California, United States of America
What factors will the registrar consider when reviewing a bill for fees, expenses and disbursements?
British Columbia, Canada
What is the standard of review for ineffective assistance of counsel?
California, United States of America
Is a defendant who is charged with violating section 166, subdivision 4 of the California Criminal Code entitled to a trial by jury?
California, United States of America
Is this an appeal of more than ordinary importance or of unusual importance?
British Columbia, Canada
When a police officer stops a man from entering a car park in front of a large group of people who have parked there, is the officer's presence visible to the public view?
California, United States of America
What is the test for determining the sufficiency of evidence in a sexual assault case?
California, United States of America
What is the basis for a finding that a claim is fraudulent?
British Columbia, Canada
What is the test for finding a defendant mentally unfit to stand trial?
California, United States of America
On the ground that appellant was ineligible for resentencing because he was armed during the commission of the crime, what is the state of the law regarding the issue?
California, United States of America
What is the scope of review of a local board's refusal to reopen a registrant's classification?
MultiRegion, United States of America
Does not need an alibi charge for presence at scene of crime when there is no evidence of a crime to be proven?
MultiRegion, United States of America
Does a court have a sua sponte duty to instruct on a defense?
California, United States of America
What is the legal test for overturning a finding of insufficient evidence?
California, United States of America
Can a defendant appeal against the judgment that he was denied the right to represent himself?
California, United States of America
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"?
MultiRegion, United States of America
What are the implications of the provisions in the Criminal Code requiring the Attorney General to approve a motion to dismiss, strike or dismiss a prior conviction?
California, United States of America
What is the effect of the adjudicator's inquiry into whether the grievor's rejection was a disciplinary dismissal?
Canada (Federal), Canada
Does Section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply?
California, United States of America
What constitutes continuing repudiation of an agreement?
British Columbia, Canada
What is the state of the mental state of a defendant in a first degree murder case?
California, United States of America
Does a defendant have any right to make a claim that any due process has been forfeited?
California, United States of America
Is a person who enters a structure enumerated in section 459 of the California Penal Code guilty of burglary?
California, United States of America
What is the test for premeditation in a murder case?
California, United States of America
How have courts treated counsel's decision not to argue or present evidence in support of a motion to withdraw a plea?
California, United States of America
What are some cases where a trial court has failed to instruct the jury on an element of the charged offense?
California, United States of America
What is the test for respecting the maximum contact principle under s. 16(10) of the Divorce Act?
Ontario, Canada
In what circumstances will the trial judge not order a competency hearing for a defendant who was unable to communicate during trial?
California, United States of America
What is the test for second-guessing a police officer's decision to perform a patdown search for officer safety?
California, United States of America
In what circumstances will the Commissioner of Public Prosecutions apply to the motion picture industry?
Canada (Federal), Canada
What is the legal test for soft tissue injuries?
British Columbia, Canada
What is the test used to determine whether an action constitutes an improper collateral attack on a criminal conviction?
California, United States of America
Can an attorney for a corporation who represents the corporation in their representative capacity, not personally, obtain personal information from an officer?
California, United States of America
Is there any case law where a plaintiff alleges that she was the victim of a criminal attack in an automobile parking structure?
California, United States of America
What is the test for granting leave under s. 151(3) of the BCSC 2146?
British Columbia, Canada
Is a subcontractor entitled to a homeowner's attorney fees?
California, United States of America
What is the effect of a district court's decision not to grant a habeas petition?
MultiRegion, United States of America
What is the standard of review in a CEQA case?
California, United States of America
What is the proper victim impact argument in a murder trial?
California, United States of America
In what circumstances have the courts found the prosecution failed to exercise reasonable diligence in subpoenaing a witness at a preliminary hearing?
California, United States of America
Is there any case law where a defendant has been found guilty of sexual assault on a minor by reason of mutual masturbation?
California, United States of America
Can a refugee claimant rebutted the presumption that all the evidence submitted to it before rendering a decision?
Canada (Federal), Canada
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal?
California, United States of America
What is the test for setting aside an application to set aside a decision of no confidence in an approving officer?
British Columbia, Canada
Is a judge and a judge-like function immune from liability 8 for acts performed in their judicial capacity?
MultiRegion, United States of America
What is the test for instructing a jury on a defense?
California, United States of America
What is the exclusionary rule and what is its effect?
California, United States of America
What is the purpose of awarding non-pecuniary damages?
British Columbia, Canada
What is the test for access to judicial records in civil cases?
MultiRegion, United States of America
